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Indiana Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Live Online
6 hours
Michael Dean
Rafael McLaughlin
Ryan McDonald
With Michael D. Dean from Withered Burns, LLP + 3 others

Wed, Nov 18, 00:00 AM – 00:00 PM

Product ID 102421

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$489

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Overview

A Real-World Application of Evidence to Courtroom Events

The rules of evidence are constantly evolving in response to court decisions, technological advances in discovery, and changes to various state rules. It can be an onerous task to continuously analyze and apply them to your cases. How confident are you in your skills when it comes to gathering and working with expert witness testimony, email/ESI, and the technicalities of hearsay? Learn from our experienced faculty as they explore key court decisions involving admissibility and practically apply the rules of evidence to common evidentiary challenges you face during litigation. Untangle the intricate web of evidence rules and procedures - register today!

  • Gain veteran tips on applying the rules of evidence at each stage of the litigation process, from discovery to trial.
  • Learn how to effectively analyze, authenticate, admit, and exclude the most complex types of evidence.
  • Find out what red flags to look for when handling email and other ESI.
  • Explore hearsay in depth and get a concrete understanding of what constitutes hearsay.
  • Clearly link your evidence to your case with proven presentation skills.
  • Be prepared to argue relevance and get experts and evidence admitted (or excluded) in court.

Abbreviated Agenda

  1. The "Big Six" Admissibility Questions
  2. Understanding Hearsay
  3. Handling Email, Social Media and Other ESI
  4. Witness Testimony and Reports
  5. Keeping Evidence Out (Pre and Post Trial)
  6. Presenting to the Judge and Jury
  7. Admission/Exclusion of Unique Evidence
  8. Ethical Considerations

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Related Topics

Product ID 102421

Credit Details

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. The "Big Six" Admissibility Questions

    1. QUESTION #1: Is it Authentic? (If Not, How do I Authenticate/Identify the Evidence?)
    2. QUESTION #2: Is it Hearsay?
    3. QUESTION #3: Is There a Proper Foundation?
    4. QUESTION #4: Is it Relevant?
    5. QUESTION #5: Should the Evidence be Excluded?
    6. QUESTION #6: What is the Proper Way to Introduce the Item into Evidence?

  2. Understanding Hearsay

    1. Overview of Critical Rules You Need to Know Regarding Hearsay
    2. Recent Case Law
    3. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Exceptions
      2. Hearsay Problems, Such as When Your Client or Opposing Party is Deceased
      3. Hearsay Within Hearsay
      4. Attacking/Supporting Declarant's Credibility

  3. Handling Email, Social Media and Other ESI

    1. Collecting ESI
    2. Recent Case Law
    3. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Email as Evidence
      2. Electronic Medical Records
      3. Social Media
      4. Web Pages
      5. Video
      6. Voicemail
      7. Text Messages
    4. Citing Online Content Properly
    5. Preservation of Metadata

  4. Witness Testimony and Reports

    1. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Character and Competency
      2. Opinion Testimony (Lay and Expert Witnesses)
      3. Admissibility of What You Give Your Expert
      4. Court-Appointed Expert Witnesses
      5. Impeachment
      6. Frye vs. Daubert Challenges
      7. Expert Reports
      8. Other Expert Considerations

  5. Keeping Evidence Out (Pre and Post Trial)

    1. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Hearsay Objections
      2. Motion in Limine, Motion to Exclude, and Motion to Strike
      3. Motions for Sanctions
      4. Curtailing Speaking Objection
      5. Use of the Sidebar Conference
      6. Jury Instructions After the Objection
    2. Preserving Evidentiary Issues for Appeal
      1. Timing and Frequency of Objections
      2. Specificity of Objections
      3. Motions in Limine
      4. Offers of Proof

  6. Presenting to the Judge and Jury

    1. Authenticating Exhibits
      1. Stipulations
      2. Self-Authenticating
      3. Authenticating - Laying the Foundation for Admissibility
    2. Presenting Deposition Records
    3. Introducing Juries to Evidence
    4. Providing Jury Notebooks
    5. Presenting Your ESI: Common Mistakes Made in the Courtroom
    6. Computer-Aided Displays, Video, and Graphics

  7. Admission/Exclusion of Unique Evidence

    1. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Collecting Evidence Through Discovery: Evidence Considerations
      2. Character Evidence
      3. Evidence of a Person's Habit
      4. Evidence of Subsequent Remedial Measures
      5. Sexual-Assault, Child Molestation, and Sex-Offense Cases
      6. Writings, Recordings, and Photographs
      7. Medical Records, Charts, and X-Rays
      8. Other Records (Business, Public)
      9. Other Unique Evidence

  8. Ethical Considerations

    1. Spoliation, Preservation, and Missing Evidence
    2. Legal Malpractice
    3. Lawyers as Witnesses
    4. Handling Highly Prejudicial Evidence
    5. Talking to Witnesses Before They Testify
    6. Facilitating Efficiency, Reliability, and Overall Fairness of the Adversary Process
    7. Attorney-Client Privilege

Who Should Attend

This basic-to-intermediate level online seminar offers attorneys the fundamental knowledge and practical skills to make the best use of evidence and testimony.

Speakers

Michael D Dean
Michael D.
Dean
Withered Burns, LLP
MS
Michael W.
Shipman
Shipman Law, LLC
Rafael P McLaughlin
Rafael P.
McLaughlin
Reminger Co., LPA
Ryan A McDonald
Ryan A.
McDonald
Hall, Render, Killian, Heath & Lyman, P.C
Speaker bio
Michael D Dean

Michael D. Dean

Withered Burns, LLP
Michael Dean

is a partner at Withered Burns, LLP in Lafayette, Indiana, a general civil litigation firm. He earned his B.S. degree from Indiana University and J.D. degree from the University of Dayton School of Law, where he received the awards for Academic Achievement and served on the University of Dayton Law Review. Mr. Dean dedicated the first 12 years of practice to criminal litigation as a public defender, prosecutor, and private practitioner. He is a member of the Indiana State Bar Association. Mr. Dean has authored numerous articles published by Criminal Justice Magazine, an American Bar Association publication. He previously was responsible for his own quarterly column titled "Bootcamp Esq." which focused on advice for new criminal practitioners.

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Speaker bio
MS

Michael W. Shipman

Shipman Law, LLC
Michael Shipman

is an attorney at Shipman Law, LLC. Prior to starting his own private practice, he was the elected Prosecuting Attorney. Mr. Shipman previously held the positions of Chief Deputy Prosecuting Attorney and Deputy Prosecuting Attorney. He earned his bachelor's degree from Indiana State University and his J.D. degree from Indiana University - Indianapolis. Mr. Shipman is admitted to practice law in Indiana. Over nearly three decades, he has handled the full spectrum of criminal and civil matters that come through a county prosecutor's office — from misdemeanors to the most serious felonies, including a death penalty case and three life without parole murder prosecutions. Mr. Shipman has also managed civil forfeitures, juvenile matters, child support enforcement, probation violations, extraditions, detainers, and expungements.

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Speaker bio
Rafael P McLaughlin

Rafael P. McLaughlin

Reminger Co., LPA
Rafael McLaughlin

is the partner-in-charge of Reminger Co., LPA's Fort Wayne, Indiana office. He is a trial attorney who has defended jury trials involving allegations of medical malpractice, long term care liability, wrongful death, catastrophic personal injury, and professional liability. Mr. McLaughlin enjoys a highly varied practice that reflects the versatility he has developed during his more than 20 years as a litigator. He has served as lead counsel in litigation disputes in the state and federal courts of Massachusetts, Rhode Island, Ohio and Indiana. Mr. McLaughlin also represents companies and individuals in actions brought by professional licensing and oversight boards, departments of insurance, as well as clients facing employment and discrimination-related claims before the U.S. Department of Justice, U.S. Department of Housing and Urban Development, EEOC and state civil rights commissions. He also experienced in resolving claims through ADR, including arbitration and mediation. Mr. McLaughlin earned his B.A. degree from Denison University and his J.D. degree, cum laude, from New England Law/Boston.

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Speaker bio
Ryan A McDonald

Ryan A. McDonald

Hall, Render, Killian, Heath & Lyman, P.C
Ryan McDonald

is an attorney at Hall, Render, Killian, Heath & Lyman, P.C. He is a career litigator with experience in several state and federal courts. Mr. McDonald litigates criminal cases, civil rights violations, medical malpractice cases and complex business lawsuits from inception through trial, finding success in motion practice and in court. He brought his aggressive approach with him from criminal defense, which serves his civil clients well. Mr. McDonald earned his B.A. degree from Washington University and his J.D. degree from Washington University in St. Louis School of Law.

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